Los Angeles, CA asked in Health Care Law, Personal Injury, Civil Litigation and Gov & Administrative Law for California

Q: Medicare FCA/FOIA.

While privacy of wrongdoers is protected by law, does government has obligation to disclose finding of investigation to the victim, privately? If not - that would be violation of victim's rights.

Apparently, victim has no capacity to perform own investigation - discovery requests to defendant can be objected.

1 Lawyer Answer
James L. Arrasmith
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  • Estate Planning Lawyer
  • Sacramento, CA
  • Licensed in California

A: Under the Medicare False Claims Act (FCA) and the Freedom of Information Act (FOIA), the government must balance privacy concerns, including those of alleged wrongdoers, with the public's right to information. However, the government does not have a blanket obligation to disclose the findings of an investigation directly to a victim privately. This is particularly true if the investigation pertains to alleged fraud or misconduct under the FCA.

The victim's rights in such cases are important, but they are typically addressed through legal processes, such as the court system, rather than through direct disclosure by government agencies. If a victim is involved in a lawsuit related to the matter, discovery processes in that lawsuit may provide a mechanism for obtaining relevant information, though these are subject to legal objections and limitations.

It's essential to remember that government investigations and the resulting information are subject to specific legal protections and confidentiality requirements. In situations where a victim feels their rights are being overlooked, it might be beneficial to consult with an attorney. Legal counsel can offer guidance on how to navigate these complex issues and what legal avenues are available to seek information and redress.

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